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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V. GOPALA KRISHNA RAO, J.
The General Manager, Ministry of Railways, Northern Railway, Baroda House, New Delhi - Petitioner
Versus
P.S.R. Cashew Products By P. Krishna Murthy & Ors. - Respondents
Appeal Suit No. 764 of 2005
Decided On : 25-01-2024
dismissal - non-prosecution - The court dismissed the appeal for non-prosecution, with no order as to costs, and closed any pending miscellaneous petitions.
Fact of the Case:
The matter was listed for dismissal on multiple occasions, with no representation from either side, leading to the appeal being dismissed for non-prosecution.
Finding of the Court:
The court found that there was no representation from either side on multiple occasions, leading to the dismissal of the appeal for non-prosecution.
Issues: Non-prosecution of the appeal due to lack of representation from either side.
Ratio Decidendi: Failure to prosecute the appeal by not being represented in court led to the dismissal of the appeal.
Final Decision: The appeal was dismissed for non-prosecution, with no order as to costs, and any pending miscellaneous petitions were closed.
JUDGMENT :
1. When the matter is listed on 26.12.2023 and 23.01.2024, there was no representation on either side and the same was adjourned to today i.e., on 25.01.2024 under the caption ‘for dismissal’.
2. Even though the matter was listed today under the caption ‘for dismissal’, there is no representation on either side.
3. Hence, this Appeal is dismissed for non-prosecution. There shall be no order as to costs.
As sequel, miscellaneous petitions, if any, pending in the Appeal shall stand closed.
AI
Failure to prosecute the appeal by not being represented in court can lead to dismissal.
Dismissal for non-prosecution due to lack of representation and inclination to prosecute the appeal.
The court has the discretion to dismiss an appeal for non-prosecution if the appellants fail to appear and show no inclination to prosecute the appeal.
Non-prosecution due to lack of representation can lead to dismissal of an appeal.
Non-prosecution of an appeal may lead to its dismissal.
Failure to prosecute the appeal by appearing for the hearing may lead to dismissal of the appeal suit.
Non-prosecution of an appeal can lead to its dismissal.
Non-prosecution leading to dismissal of appeal.
An appeal may be dismissed for non-prosecution if the appellant fails to appear and represent their case.
Non-representation from the appellant in court leads to dismissal of the appeal for non-prosecution.
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